An executor pressured by surviving family to distribute an estate early might be tempted to comply with these requests with the best of intentions. However, the executor might be required to personally pay estate debts if they distribute assets too soon. The personal risk of early distribution is often too great for an executor to oblige.
Since trust protector provisions are not included in the trust document by default, many individuals find themselves in a situation where they wish to add provisions to an existing trust. If you are considering adding such provisions, outlined below are a few questions that should be discussed during a consultation with a trust attorney.
The Trump Administration released updated tax proposal terms in late April that closely match the proposals made prior to Election Day last year. If adopted, these tax reform provisions would offer substantial benefits to business owners and the wealthy.
Tennessee has a favorable tax reputation. While it is widely recognized that Tennessee does not impose income tax on wages, the state levies the Hall income tax on dividend and interest income. However, that tax is no longer permanent. Legislation enacted one year ago approved full repeal of the Hall income tax by January 1, 2022.
Few asset protection options remain once a lawsuit or judgment is filed. While some jurisdictions and/or circumstances may allow for some efforts to shield assets in the early stages of a suit, oftentimes actions made after being served are illegal and/or void.
Trustees have a fiduciary duty to impartially administer the trust with care and loyalty. The guidelines discussed below can help to ensure that a trustee is not found in breach of their duty. The consequences of violating a fiduciary duty are broad, ranging from penalties and damages to possible felony charges.
While a trustee might attempt to navigate trust administration independently, a lack of professional guidance could contribute to mistakes. These blunders could eventually develop into court proceedings (and related court costs), fines, penalties, and/or removal.
Provisions in DIY wills can increase administrative expenses in probate, and can also cause estate administrative problems for executors.
Upon the death of the trust grantor, a successor trustee must manage several pressing matters. Our trust attorneys prepared a brief checklist below that can help successor trustees to navigate the initial stages of trust administration.
Legislation and drafting issues have prompted changes in trust drafting methods. Over the past few decades, shifts in trust drafting techniques have helped to prevent trust administration issues and preserve the best interests of beneficiaries.